Ekisekere v Republic [2022] KEHC 11540 (KLR)

Ekisekere v Republic (Criminal Revision E032 of 2022) [2022] KEHC 11540 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11540 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E032 of 2022

JN Kamau, J

August 1, 2022

(ORIGINALLY CR CASE NO E159 OF 2022)

Between

Stanley Omusungu Ekisekere

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of preparation to commit a felony contrary to section 308 (1) of the Penal Code 63 (Laws of Kenya). He was arrested on 10/2/2022 and arraigned in court on 15/2/2022 when he pleaded guilty on 8/3/2022, he was sentenced to serve one (1) year imprisonment. His early release date by Prisons is on 8/11/2022. The Report by Munialo Godwin John Probation/Community Service Officer filed on 29/7/2022 recommends the release of the Applicant on community service order at Malaba Police Station. Accordingly, I hereby direct that the Applicant be released from custody so as to serve the remainder of his sentence less the days between 10/2/2022 and 8/3/2022 in line with section 333 (2) of the Criminal Procedure CodeCap 75 (Laws of Kenya) at Malaba Police Station. Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE